Bill Text: TX SB1551 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to a historic structure assistance program operated by a municipally owned utility in certain municipalities; authorizing a fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-14 - Referred to Business & Commerce [SB1551 Detail]

Download: Texas-2019-SB1551-Introduced.html
  86R7576 SCL-D
 
  By: Lucio S.B. No. 1551
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a historic structure assistance program operated by a
  municipally owned utility in certain municipalities; authorizing a
  fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 552, Local Government Code, is amended
  by adding Subchapter I to read as follows:
  SUBCHAPTER I. HISTORIC STRUCTURE ASSISTANCE PROGRAM IN CERTAIN
  MUNICIPALITIES
         Sec. 552.151.  DEFINITIONS. In this subchapter:
               (1)  "Historic structure" means a structure described
  by Sections 442.001(3)(A) and (D), Government Code.
               (2)  "Historic structure fee" means a fee charged by a
  municipally owned utility in accordance with this subchapter for
  the purpose of maintaining, operating, and renovating the utility
  systems of certain historic structures.
               (3)  "Municipally owned utility" means a utility owned,
  operated, and controlled by a municipality.
               (4)  "Program" means a historic structure assistance
  program established under Section 552.158.
         Sec. 552.152.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to a municipality:
               (1)  operating a municipally owned utility; and
               (2)  located in a county that is located on the
  international border.
         Sec. 552.153.  HISTORIC STRUCTURE FEE. A municipally owned
  utility may charge a historic structure fee in an amount not to
  exceed $1 each month for the purpose of maintaining, operating, and
  renovating the utility systems of certain historic structures under
  the historic structure assistance program if a majority of
  municipal voters approve the fee in an election held in accordance
  with this subchapter.
         Sec. 552.154.  FEE RESOLUTION; ELECTION ORDER. If a
  municipally owned utility proposes a historic structure fee, the
  governing body of a municipality that owns the utility shall:
               (1)  adopt a resolution that specifies:
                     (A)  the amount of the proposed historic structure
  fee;
                     (B)  the purpose for which the proposed historic
  structure fee is charged; and
                     (C)  the date on which the municipally owned
  utility proposes to begin charging the proposed historic structure
  fee; and
               (2)  order an election on the uniform election date in
  November authorized under Section 41.001, Election Code, to approve
  the historic structure fee.
         Sec. 552.155.  NOTICE OF ELECTION. (a)  The governing body
  of a municipality shall provide notice of an election for the
  approval of a proposed historic structure fee by publishing a copy
  of the resolution and election order described by Section 552.154
  once a week for two consecutive weeks in a newspaper with general
  circulation in the municipality.
         (b)  The notice must be published not earlier than the 30th
  day or later than the 10th day before election day.
         Sec. 552.156.  RESULTS OF FEE ELECTION; NOTICE. (a)  If a
  majority of municipal voters approve a historic structure fee at an
  election called for that purpose, the municipally owned utility:
               (1)  shall provide notice to all affected utility
  customers that contains:
                     (A)  the election results; and
                     (B)  information regarding:
                           (i)  the opt out process; and
                           (ii)  how the fee is to be used; and
               (2)  may begin charging the fee on the date specified in
  the resolution adopted under Section 552.154.
         (b)  If a majority of municipal voters do not approve a
  historic structure fee at an election called for that purpose, the
  municipality may not hold another election on the approval of a
  historic structure fee before the first anniversary of the date of
  the election at which the voters did not approve of the fee.
         Sec. 552.157.  FEE OPT OUT. If a historic structure fee is
  approved under Section 552.156, a customer of the municipally owned
  utility may provide written notice to the utility that the customer
  elects to opt out of paying the fee. On receipt of the notice, the
  utility may not charge that customer the fee.
         Sec. 552.158.  HISTORIC STRUCTURE ASSISTANCE PROGRAM.
  (a)  If a historic structure fee is approved under Section 552.156,
  the municipally owned utility shall establish and operate a
  historic structure assistance program in accordance with this
  section. The utility may use the fee only for the purpose of
  operating the program, and the utility may not use more than 10
  percent of the revenue generated by the fee for the purpose of
  paying the program's administrative costs.
         (b)  A nonprofit organization or a governmental entity may
  apply to the municipally owned utility to enter into an agreement
  under the program. To be eligible, an applicant must own a historic
  structure that is:
               (1)  at least 100 years old; and
               (2)  located within the corporate boundaries of the
  municipality.
         (c)  A municipally owned utility that receives an
  application under this section as soon as practicable must forward
  a copy of the application to the governing body of the municipality
  that owns the utility and to the Texas Historical Commission.  The
  governing body and the commission must jointly determine whether to
  approve the application.
         (d)  If an applicant is approved for the program, the
  municipally owned utility and the applicant shall enter into an
  agreement that allows the utility to provide the applicant
  financial assistance in accordance with the program for the purpose
  of promoting the public purpose of preserving historic structures
  by maintaining, operating, or renovating the utility systems of the
  structures. The agreement must include provisions under which the
  municipally owned utility is granted sufficient control to ensure
  that the public purpose is accomplished and the municipality
  receives a return benefit.
         (e)  After entering into an agreement under Subsection (d),
  the municipally owned utility shall provide financial assistance
  under the program to the program participant. Money provided under
  the program may be used only for maintaining, operating, or
  renovating the utility systems of the participant's historic
  structure described by Subsection (b). The purposes described by
  this subsection include:
               (1)  increasing energy or water efficiency in the
  historic structure; 
               (2)  promoting energy or water conservation in the
  historic structure; and
               (3)  assisting the participant with utility bill
  payments charged by the utility for the historic structure.
         SECTION 2.  This Act takes effect September 1, 2019.
feedback